The following terms used in this title shall have the respective meanings hereinafter set forth. Fence - A tangible barrier or obstruction, with the purpose, intent, or effect of obs☺tructing passage or view across an area constructed of materials that includes but is not limited to; wooden posts, wire, iron, aluminum, vinyl, shrubs, bushes, hedges, walls, chain-link, rails, and any other material used as a boundary, means of protection, privacy screening, enclosure, or confinement.

Opacity – The measure of which an object restricts clear vision or passage of light. Opaque Fence - Any fence, including any gates, that obstructs light or direct vision through a significant portion of the fence including posts. Examples include vinyl, wood, slats, concrete, brick, and blocks. Multiple fences, including plantings, that in a combined effect obstruct light or vision may be considered an opaque fence. Public Trail - A corridor of property designated by the City for the purposes of non- motorized transportation, such as hiking, walking, jogging, running, horseback riding, cycling, or other similar uses, including any future trails identified in an official document of the City.

Retaining Wall - Any manmade structure built out of rock, block, wood, or other similar material to hold back soil or earth allowing for different levels of ground to be created or maintained.

Transparent/Open Fences - A fence, including any gates, that permits direct vision through any one section/panel fence including post. Examples include chain link, hog wire, metal rod, and some post and rail fences. Transparent fences shall have a maximum opacity of twenty-five (25) percent.

Fences and Retaining Walls may be installed or allowed as limited or exempted herein:

A. Fence and Retaining Wall Permit and Building Permit Required: 1. The Zoning Administrator or designee shall have the authority to review a fence and retaining wall permit application and grant zoning clearances for all fences and retaining walls. 2. Any fence over three feet (3’) in height from the top of the land shall require a fence and retaining wall permit. An accompanying building permit and engineering plans prepared by a certified engineer if required by current state building code. 3. Any retaining wall shall require a fence and retaining wall permit, building permit, and engineering plans prepared by a certified engineer if required by current state building code. 4. Any fence installed on top of a retaining wall shall require a fence and retaining wall permit. An accompanying building permit and engineering plans prepared by a certified engineer if required by current state building code. 5. A fence and retaining wall permit shall be valid for one (1) year from the day it is issued. 6. The applicant may appeal a denied fence permit as defined in HCC 17.16 Appeals. 7. Any new fence or the reconstruction of an existing fence is subject to the requirements of this Chapter. 8. Any fence that is an accessory to the interior of the lot, including but not limited to raising and keeping of animals or garden fences that do not exceed the maximum fence heights in this section for interior and corner lots are exempt from obtaining a fence permit.

B. Fences on Interior Lots: 1. In the required front yard setback, fences shall be limited to four feet (4’) in height. A property owner may install a fence limited to seven feet (7’) in height in the required front yard abutting a common property line that is the back yard of an adjoining property. 2. In the required side and rear yard setback, and that portion between the front plane of the main building and the front yard setback, fences shall be limited to seven feet (7’) in height.

C. Fences on Corner Lots: 1. In the required front yard setback, fences shall be limited to four feet (4’) in height. A property owner may install a fence limited to seven feet (7’) in height in the required front yard setback abutting a common property line that is the back yard of an adjoining property. 2. In the required side and rear yard setbacks, and that portion between the front plan of the main building and the front yard setback, fences shall be limited to seven feet (7’) in height. The street facing side and rear yards which back onto front yards of adjoining lots, fences shall be limited to seven feet (7’) in height.

D. Public Utility and Irrigation Access and Protections: 1. All public utility meters and structures shall be accessible from the public right of way. 2. Water meters and irrigation shutoff valves require a minimum of three feet (3’) by six feet (6’) unobstructed maintenance area. 3. Power pedestals and transformers require a minimum of three feet (3’) unobstructed maintenance zone. 4. Any fence or retaining wall along any irrigation ditch, canal, weir, headgate, or other irrigation structure shall be approved by the president of the respective irrigation company. 5. Retaining walls shall not be placed upon a public utility easement unless the City Engineer determines the retaining wall will not unreasonably interfere with the public utility easement and approve the retaining wall in writing.

E. Fences and Retaining Walls are further limited as follows: 1. Fences shall be installed one foot (1’) behind the sidewalk or at the property line when a sidewalk is not present. 2. Fences shall be contained within a property boundary. 3. Fence height shall be measured from the lowest surface of the land. 4. Fences installed adjacent to a street shall have the finished side facing the street. 5. Fences shall be constructed according to local building codes and consist of durable industry standard materials include cedar, douglas fir, redwood, or pressure-treated wood products; Vinyl (Polyvinyl chloride); natural boulder, rock or stone; cast in place or precast concrete; wrought iron, welded wire mesh or galvanized chain link. 6. Fences that shall not be permitted include stacked refuse or discarded debris, manufactured wood pallets, chipboard, particle board, or plywood. 7. Where a fence is installed on top of a retaining wall: a. The maximum height of the fence shall be measured from a point half way between the top of the retaining wall and the land on the lower side of the retaining wall. b. The maximum height of the fence shall not be lower than four feet (4’) from the grade on the retained side of the wall. c. The Planning Commission may consider an exemption where the normal use or level of protection requires a greater fence in height for safety purposes. 8. Gates in rear or side yards shall be subject to driveway distance requirements in respect to distances from property lines and road intersections.

9. Gates that adjoin the public right of way or public utility easements shall open inwards towards the private property. 10. Gates in rear yards shall provide a minimum width of four feet (4’) wide for emergency access.

F. Exemptions: 1. Fences may be approved by the Zoning Administrator or designee for the following conditions: a. Protect, secure or screen site construction with an active demolition permit, building permit, special event permit or other similar type of permit. b. Protect, secure or screen an attractive nuisance or unsafe property. c. Protect, secure or screen a public utility or facility (i.e. electrical substations, park facilities, public works facilities, solid waste facilities, water tanks, water treatment plants, etc.). 2. The City Council may grant an exception through a conditional or permitted site plan approval surrounding commercial or manufacturing uses, schools, swimming pools, basketball and tennis courts, or where the normal use or level of protection requires a greater fence height and fence type for safety purposes.

A clear view triangle at all intersections shall be kept clear of obstructions significantly limiting the sight of drivers. This triangle shall be measured having two legs of forty feet and the area contained between them, measured from the intersection of the right-of-way lines or the projection of the right of way lines as determined by the City Engineer.

A. Fences or other objects in excess of four feet (4’) shall not be placed on any corner lot within a clear view triangle.

B. Landscaping including berms, plantings and trees, except trees pruned appropriately to permit automobile drivers an unobstructed view are also restricted in this area. The lowest

limb or foliage shall not obstruct view under eight (8) feet as measured from the adjacent ground or the roadway, whichever is higher in elevation.

C. For driveways and fences along city trails, this triangle may be reduced to a distance of twenty (20) feet back from the intersection of driveway and sidewalk, or driveway and property line where no sidewalk exists. See Diagram